Seanad debates

Wednesday, 21 March 2007

Defamation Bill 2006: Committee Stage (Resumed)

 

4:00 pm

Photo of Jim WalshJim Walsh (Fianna Fail)

I want to clarify my position. Initially, I supported the amendment and took a literal interpretation of the word "directions". I believed the amendment had a great deal of merit, but the Tánaiste has clearly put on the record that the interpretation leaves the awarding of damages as the prerogative of the jury, giving it strength. Any interpretation of the legislation by judges would need to have regard to the record of the House and the intention of the Oireachtas.

The Tánaiste's explanation satisfies me that the awarding of damages will remain with juries and that judges can only give general guidance. Regarding the English language, I will look to Senator Norris as a greater expert in the field. He has concerns with the wording.

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